EB2 Vs EB3

T

trystwithgc

Registered Users (C)
Hi, I am new to this forum and would appreciate your input very much. I read at Sheela Murthy's website murthy.com that concurrent processing is still on for Eb2 applicants. I would like to know if this is true and what is means for Eb2 applicants.
Thanks
Maha :)
 
Where exactly you read this on murthy.com. I am eb2 (140/485 filed on 11/18/2003) and looking for the answer to this question.

So far all the material that I have gone thru on the topic suggests nothing to the effect that they are going to differentiate the categories for this purpose.
 
I think what they mean on murthy.com is this.

EB2 filers can still APPLY concurrently their I-140 & I-485 since EB2 visa dates are current. However, since the Ohata Memo has been revoked, the two applications will now be adjudicated seperately starting this year. This is my understanding.
 
More on Eb2 concurrent clarification

Hey guys,

Thanks for the reply. The site clearly says concurrent processing is possible, that doesn't mean concurrent filing it clearly says PROCESSING.
This is the link http://www.murthy.com/news/n_retcla.html
if the link doesn't work go to murthy.com and in search site type EB2 concurrent. The first article is what I am talking about.

Quoted from the article: " This means that, as of January 1, 2005, concurrent processing is still possible for EB1s, EB2s, and EB3s who are not nationals of India, mainland China, or the Philippines"

Also, if the concurrent processing is possible, what time frame are we looking at
I-485/140 filed in March 04
Labour : June 03/ Approved Jan 04
EAD/AP received
EAD sent for extension in Nov 04.

Thank you very much for your responses.
-Maha :confused :)
 
Thanks Trystwithgc

U r right. MurthyDotCom does indicate that concurrent adjudication is still possible for those whose cases have been filed concurrently and are not subject to retrogression of dates.

On the other side, I'm looking at the memo issued with reference to "retrogression of visa numbers...".

This states "This memorandum also notifies the field that the march 3, 2004 policy memorandum issued by Fujie Ohata, Director Service Center Operations and entitled Procedural Instructions for Concurrent Adjudication of Concurrently Filed Form I-140, Immigrant Petition for Alien Worker and Form I-485, Application for Adjustment of Status is hereby rescinded. This guidance is effective immediately."

It does not clarify that the procedure is being rescinded only for those who are subject to retrogression leaving lot of scope for kind of interpretation that MurthyDotCom has. The real test would be to see some cases (EB2 or otherwise) getting concurrently approved during this/following month.

That's just my understanding..
 
Source please

Hey Anil,

Where did u get this from? I have a lot of respect for what Sheela Murthy says, she usually does her homework before writing about issues that affect so many people.
I'd like to see the original of what u just sent.

And ofcourse, Murthy stuff, gives us some hope, why rob ourselves of it just yet :)

Thanks
-Maha
 
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